CRONIN -v- GREEN & CARTER [2015] WASC 377
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 377 | |
| Case No: | CIV:1207/2013 | ON THE PAPERS | |
| Coram: | PRINCIPAL REGISTRAR GETHING | 14/10/15 | |
| 15 | Judgment Part: | 1 of 1 | |
| Result: | Costs orders made | ||
| B | |||
| PDF Version |
| Parties: | SUSAN ELIZABETH CRONIN JUDITH BETTY GREEN & MARY LYNETTE CARTER as Executors of the Estate of MARY ELLEN NANCARROW JUDITH BETTY GREEN BRIAN HERBERT NANCARROW MARY LYNETTE CARTER SHARON VALLELONGA HELEN MARGARET ROZEMA ROBERT JAMES NANCARROW |
Catchwords: | Family Provision Act 1972 (WA) Discontinuance of proceedings Costs |
Legislation: | Family Provision Act 1972 (WA), s 14(6) Rules of the Supreme Court 1971 (WA), O 23 r 2 |
Case References: | Clark v Richards [2003] WASC 5 Daniels v Hall [No 2] [2014] WASC 272 Dean v Collins [No 2] [2015] WASCA 151 Del Borrello v Friedman & Lurie (A firm) [No 3] [2014] WASC 204 Judith Betty Green and Mary Lynette Carter In Their Capacities as Joint Executors of the Estate of the late Mary Ellen Nancarrow v Nancarrow [2015] WASC 18 Kevin Ernest Judge As Liquidator of Citystyle Enterprises Pty Ltd v Trifield Corporation Pty Ltd [2011] WASC 122 National Australia Bank Ltd v Joyce [No 2] [2013] WASC 274 O'Neill v Mann [2000] FCA 1680 Pacella v Sherborne [2009] WASC 58 Pacella v Sherborne [No 2] [2010] WASC 186 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Southern Cross Pipelines Australia Pty Ltd v Kenneth Comninos Michael Western Australian Independent Gas Pipelines Access Regulator [2002] WASC 316 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
The Will of Mary Ellen Nancarrow, late of Bedingfield Lodge, 4 Bedingfield Road, Pinjarra in the State of Western Australia, deceased
- Plaintiff
AND
JUDITH BETTY GREEN & MARY LYNETTE CARTER as Executors of the Estate of MARY ELLEN NANCARROW
First Defendants
JUDITH BETTY GREEN
Second Defendant
BRIAN HERBERT NANCARROW
Third Defendant
MARY LYNETTE CARTER
Fourth Defendant
SHARON VALLELONGA
Fifth Defendant
HELEN MARGARET ROZEMA
Sixth Defendant
ROBERT JAMES NANCARROW
Seventh Defendant
Catchwords:
Family Provision Act 1972 (WA)- Discontinuance of proceedings - Costs
Legislation:
Family Provision Act 1972 (WA), s 14(6)
Rules of the Supreme Court 1971 (WA), O 23 r 2
Result:
Costs orders made
Category: B
Representation:
Counsel:
Plaintiff : No attendance
First Defendants : No attendance
Second Defendant : No attendance
Third Defendant : No attendance
Fourth Defendant : No attendance
Fifth Defendant : No attendance
Sixth Defendant : No attendance
Seventh Defendant : No attendance
Solicitors:
Plaintiff : AVA Legal
First Defendants : De Vita Legal
Second Defendant : Arns & Associates
Third Defendant : In…
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- AGLC
- Cronin v Green and Carter [2015] WASC 377
- Case
- [2015] WASC 377
- Decision Date
CaseChat Overview and Summary
The case of Cronin v Green and Carter, heard in the Supreme Court of Western Australia, involved a dispute arising from the application of the Family Provision Act 1972 (WA). The central issue was whether the applicant, Cronin, was entitled to financial provision from the estate of her deceased father. The respondents, Green and Carter, were the executors of the deceased's estate. The proceedings were eventually discontinued, and the court was required to determine the appropriate costs order.
The primary legal issue before the court was the appropriate allocation of costs in light of the discontinuance of proceedings. The court needed to balance the factors pertinent to the decision, including the reasons for the discontinuance, the conduct of the parties, and the stage of the proceedings at which the discontinuance occurred. The court also had to consider whether any of the statutory provisions or common law principles applied to guide the decision on costs.
The court found that the applicant's decision to discontinue the proceedings was not due to any fault of the respondents, but rather because of a change in the applicant's circumstances. The judge acknowledged the lack of fault on the part of the respondents and the fact that the proceedings had advanced to a stage where significant judicial resources had been expended. In light of these considerations, the court determined that it was appropriate to make a costs order in favour of the respondents. The court also took into account the need to protect the integrity of the judicial process and to deter frivolous or vexatious litigation.
The final orders of the court included the discontinuance of the proceedings and the allocation of costs to the respondents. The judge emphasised the importance of considering all relevant factors in making a costs order, particularly in cases where proceedings are discontinued. The court's decision reflected a careful balance between the interests of the parties and the need to maintain the efficiency and fairness of the judicial system.
The primary legal issue before the court was the appropriate allocation of costs in light of the discontinuance of proceedings. The court needed to balance the factors pertinent to the decision, including the reasons for the discontinuance, the conduct of the parties, and the stage of the proceedings at which the discontinuance occurred. The court also had to consider whether any of the statutory provisions or common law principles applied to guide the decision on costs.
The court found that the applicant's decision to discontinue the proceedings was not due to any fault of the respondents, but rather because of a change in the applicant's circumstances. The judge acknowledged the lack of fault on the part of the respondents and the fact that the proceedings had advanced to a stage where significant judicial resources had been expended. In light of these considerations, the court determined that it was appropriate to make a costs order in favour of the respondents. The court also took into account the need to protect the integrity of the judicial process and to deter frivolous or vexatious litigation.
The final orders of the court included the discontinuance of the proceedings and the allocation of costs to the respondents. The judge emphasised the importance of considering all relevant factors in making a costs order, particularly in cases where proceedings are discontinued. The court's decision reflected a careful balance between the interests of the parties and the need to maintain the efficiency and fairness of the judicial system.
Orders
Orders of the court
Costs orders made
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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